CIVIL LAW ISSUES OF LIABILITY FOR DAMAGE CAUSED TO A MINOR

Abstract

The article examines the civil law aspects of liability for harm caused to the health of minors. In particular, the issues of determining the age, mental development, and degree of legal capacity of a minor, as well as the responsibility of persons responsible for them (parents, guardians, trustees, adoptive parents, etc.), were considered. Although civil law clearly defines who is liable for harm caused to minors, in what cases, and in what order, a number of complex issues arise in practice, which underscores the relevance of the topic. In the process of theoretical and practical analysis of these cases, methods of comparative analysis, theoretical modeling, induction, and generalization were used. Legal capacity plays a significant role in determining a person’s capacity to be liable for damages caused by their actions. Because one of the elements of legal capacity–delictual capacity—is the ability to be liable for non-contractual losses. The author analyzes, from the perspective of civil law, the determination of the age, mental development, and degree of legal capacity of a minor, as well as the responsibility of the persons responsible for them (parents, guardians, trustees, adoptive parents, etc.). In the conclusion, it is noted that in practice there have been cases of harm to the health of minors not specified in the legislation, and it is proposed to improve national legislation.